Canned Fruits Assistance Regulations

Legislation au C1925L00173 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1925. No. 173.

 

REGULATIONS UNDER THE EXPORT GUARANTEE ACT 1924–1925.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council, do hereby make the following Regulations under the Export Guarantee Act 1924–1925, to come into operation forthwith.

Dated this thirtieth day of September, 1925.

FORSTER,

Governor-General.

By His Excellency’s Command,

R. V. WILSON,

Minister of State for Markets and Migration.

 

Canned Fruits Assistance Regulations.

Short title.

1. These Regulations may be cited as the Canned Fruits Assistance Regulations.

Definitions.

2. In these Regulations, unless the contrary intention appears—

“Assistance” means assistance under section five of the Export Guarantee Act 1924–1925, in respect of apricots, clingstone peaches and pineapples canned in the Commonwealth during the period commencing on the first day of November, 1924, and ending on the thirtieth day of September, 1925, and exported from the Commonwealth on or before the twenty-eighth day of February, 1926.

Claims for assistance.

3. Any claim for assistance shall be in accordance with the form in the Schedule to these Regulations and shall be rendered in duplicate to the Secretary, Department of Markets and Migration, Melbourne.

Accounts to be kept.

4. (1) Each claimant for assistance shall keep proper and separate books of account showing in detail—

(a) the quantity of each kind of fresh fruit purchased by the claimant;

(b) the amount paid to the grower for each kind of fruit;

(c) the name and address of the grower from whom the fruit was purchased; and

(d) such other particulars as the Minister from time to time requires.

(2) All account books kept under this regulation by a claimant for assistance and all documents in the possession or under the control of the claimant relating to canned fruit shall at all reasonable times be open to inspection and audit by any person authorized in that behalf by the Minister, and that person may, upon inspection or audit, make and take away extracts from those books of account and documents.

C.14776.—Price 3d.


Commonwealth of Australia.

Export Guarantee Act 1924–1925.

CLAIM FOR ASSISTANCE ON EXPORTATION OF CANNED FRUITS.

(a) Insert name and full address.

Dr. to (a)........................................................................................................................................

Financial Year 192   . State of....................................................

(b) Insert variety of fruit.

(c) Insert destination.

I hereby claim assistance under section five of the Export Guarantee Act 1924–1925 in respect of Canned (b)............................................................................... produced by me at my factory during the period commencing on the first day of November, 1924, and ending on the thirtieth day of September, 1925, and exported by me to (c)..............................................................................., per s.s.....................................on...................................................

Particulars.

Factory situated at.

No of Dozen, Size, and Description of Canned Fuits on which Assistance is claimed.

Rate of Assistance.

Amount of Assistance claimed.

 

 

 

 

Total. £

....................................pounds...........................................shillings

....................................pence.

Signature of Producer.............................................

 

In connexion with this claim the following additional particulars are furnished:—

(d) Insert name and full address of purchaser.

(1) The canned................................................was purchased by (d)..........................................

(e) State name and address of seller.

(2) The price per dozen oz. tins at which the canned..................................has been sold by (e)...............................................................to the said purchaser is as follows:—

(i) Gross price per dozen oz. tins c.i.f. or f.o.b.

(ii) Deductions from gross price by way of—

(a) Discount..........................................

(b) Commission.....................................

(c) Brokerage.........................................

(d) Rebate..............................................

(e) Any other allowances.......................

(f) Full name and address of seller.

(3) The net price per dozen f.o.b. Australian port received or to be received by (f)............................................................................................ is:—

(g) State name and address of canner.

(4) The growers of the fresh fruit used in the manufacture of the canned fruits referred to in this claim have received payment from (g).........................................................for such fresh fruit at the following rates:—

Apricots. £10 per ton.

Clingstone peaches. £10 per ton.

Pineapples. 3s. 9d. per case.

These rates shall—

(a) where the cannery is situated outside a metropolitan area include the cost of delivery to the cannery; and

(b) where the cannery is situated in a metropolitan area, include the cost of delivery at the railway station most convenient to the orchard where the fruit is grown.

Officer’s Certificate.

I certify that to the best of my knowledge and belief, after due inquiry, the particulars and statements declared to in the above claim for assistance are true and correct, and that the claimant is entitled to assistance on the goods specified in the claim.

..........................................Officer of Customs.

Date / /

I certify that this account is correct within the meaning of section 34 of the Audit Act 1901–1924.

......................................Certifying Officer.

Date / /

Received on the.................................., 192 , from ............................................the sum of ........................ pounds........................... shillings........................ pence, in full payment of the above account.

Witness to the payment and signature.

.....................................................

 

Commonwealth of Australia.

STATUTORY DECLARATION.

I, ....................................................., of.........................................., do solemnly and sincerely declare:—

(a) Description of person making declaration.

(b) Name of manufacturer.

1. That I am (a)..........................................................................................

2. That (b)................................................was the producer of the canned fruits specified in this claim for assistance.

3. That the canned fruit was produced by the said (b).......................................... at the factory mentioned in this claim for assistance.

4. That the particulars contained in this claim for assistance are correct.

5. That no other claim for assistance has been made nor has any assistance been granted under the Export Guarantee Act 1924–1925 in respect of the export of the canned fruit specified in this claim for assistance.

 

And I make this solemn declaration by virtue of the Statutory Declarations Act 1911, conscientiously believing the statements contained therein to be true in every particular.

(c) Signature of person making declaration.

(c)................................................................

Declared at..................................................... on the ..................................................day of ..............................................., One thousand nine hundred and twenty-

 

(d) Signature of person before whom declaration is made.

(e) Here insert title of person before whom the declaration is made. That person must be a Police Stipendiary or Special Magistrate, a Justice of the Peace, a Commissioner for Affidavits, or a Commissioner for Declarations.

Before me,

(d) ...............................................................

(e) ...............................................................

Note.—Any person who wilfully makes a false statement in a statutory declaration is guilty of an indictable offence, and is liable to imprisonment with or without hard labour, for four years.

 

Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.

Overview

The Export Guarantee Act 1924–1925, enacted by the Commonwealth Parliament, was introduced to provide financial assistance to exporters of specific canned fruits, namely apricots, clingstone peaches, and pineapples, during a defined period to boost Australia's agricultural export market and support related industries. The Act sought to mitigate the financial risks associated with exporting these perishable goods by offering guarantees that would stabilise the market and encourage continued production and exportation. The Canned Fruits Assistance Regulations, made under this Act, outline the procedures for applying for assistance, including the submission of detailed claims and maintaining accurate records of transactions and payments. These regulations ensure that the assistance is correctly administered and that exporters can be reimbursed for their outlays in exporting the specified canned fruits.

Scope and Application

The Canned Fruits Assistance Regulations 1925, made under the Export Guarantee Act 1924–1925, pertain specifically to the provision of assistance for the export of canned apricots, clingstone peaches, and pineapples produced within the Commonwealth of Australia. The regulations apply to entities engaged in the canning of these fruits during the specified period from November 1, 1924, to September 30, 1925, and subsequently exported by February 28, 1926. The regulations mandate that claims for assistance must be submitted in the prescribed form to the Secretary, Department of Markets and Migration, Melbourne, and detail the requirements for maintaining proper accounting records. These records must include details such as the quantity of fruit purchased, payment amounts to growers, and the names and addresses of both growers and purchasers. Furthermore, these records are subject to inspection and audit by authorised officers. The regulations do not explicitly state exclusions or thresholds but provide a structured process for entities to follow in order to claim assistance for their export activities.

Key Provisions

The Canned Fruits Assistance Regulations (1925) establish the framework for providing assistance to exporters of canned apricots, clingstone peaches, and pineapples during the specified period from November 1, 1924, to September 30, 1925. Under section 2, the term "Assistance" refers to the support provided under section five of the Export Guarantee Act 1924–1925 for the export of these canned fruits from Australia. Section 3 outlines that any claim for such assistance must adhere to the prescribed form provided in the Schedule and be submitted in duplicate to the Secretary, Department of Markets and Migration, Melbourne. Claimants for assistance are required, per section 4(1), to maintain detailed records of their transactions, including the quantity and purchase price of each type of fresh fruit, the name and address of the grower, and any other details the Minister may require. Furthermore, section 4(2) mandates that these records and all relevant documents be available for inspection and audit by authorized persons at any reasonable time. The Regulations impose several obligations on the parties involved. Claimants must accurately fill out and submit the claim form as detailed in the Schedule, ensuring that all particulars are truthful and correct. They are also required to keep comprehensive and accessible records of their transactions, which must be verifiable upon inspection by authorized officials. Additionally, the claimant must ensure that the canned fruits have been produced within the specified period and exported by the designated date. Non-compliance with the provisions of these Regulations may result in civil or criminal penalties. Section 34 of the Audit Act 1901–1924 allows for the imposition of fines or imprisonment for those who wilfully provide false statements in statutory declarations. The severity of these penalties underscores the importance of accuracy and honesty in the claims process. Furthermore, the Statutory Declarations Act 1911 stipulates that anyone making a false statement in a statutory declaration commits an indictable offence, subjecting them to imprisonment for up to four years. These consequences serve as a deterrent against fraudulent activities and ensure the integrity of the assistance program.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.